Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2023] FWCA 2885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2023/3029)

MILLSTECH SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2023

Application for approval of the Millstech Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Millstech Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 7 September 2023 and, in accordance with s 54, it will operate from 14 September 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Millstech Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The dispute centred around the validity and fairness of the proposed Plumbing Enterprise Agreement 2019 - 2023. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the formal requirements for approval under the Fair Work Act, and if it contained terms that were fair and reasonable in all respects. Key considerations included whether the agreement had been made freely and without any duress, and whether it complied with the mandatory provisions of the Fair Work Act, such as those concerning minimum wages and conditions. Additionally, the court needed to assess if the agreement provided for appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the agreement complied with all formal requirements and contained terms that were fair and reasonable. The Commission was satisfied that the agreement had been made freely and without any duress or coercion. The Commission noted that the agreement provided for adequate mechanisms for resolving disputes and met all the mandatory provisions of the Fair Work Act. The Commission approved the agreement, stating that it provided for a fair and reasonable outcome for all parties involved.

In approving the agreement, the Fair Work Commission made an order under section 231 of the Fair Work Act, approving the Millstech Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The agreement is now legally binding on all parties and will remain in effect until the end of the specified term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established